Once someone has passed away, the executor of that person’s estate needs to get hold of a “Grant of Representation”. This document gives them the legal right to deal with the estate. To do this, however, the entire estate has to be properly valued, including the … [Read more...]
What to Know About Declarations of Presumed Death
The probate system kicks in after a person dies. The trigger is a death certificate by a competent person. If there is a will then an executor implements it. If not, close relatives inherit. But what happens if there is no death certificate? The person signing the … [Read more...]
Probate Caveat – What It Is and What It Does
‘Caveat’ is a Latin word telling the reader to beware of something. And thus we have ‘caveat canem’ beware the dog, ‘caveat emptor’ beware the buyer, and so on. It follows a ‘probate caveat’ says ‘watch out, before applying for a grant of probate or letters of … [Read more...]
Can a Deathbed Gift Override the Rules of Intestacy?
Picture the scene of a person receiving their last rites, as physicians confirm they will pass away soon. Relatives gather around the deathbed paying their last respects. A stranger enters, rushes forward, and whispers something. The dying person’s eyes open and they … [Read more...]
Buying or Selling Property from a Deceased Estate? Read this First
A young couple popped by the other day looking quite distraught. They had signed an agreement with a little old lady to purchase her house. All was looking good and they were ready complete when they learned she passed away unexpectedly. “Can we still buy our house,” … [Read more...]
Autonomy over Financial Affairs is a Widow’s Reasonable Right
The UK Court of Appeals upheld a widow’s right to autonomy over her financial affairs. Their July 2019 judgment follows a year of wrangling between the widow and her late husband’s trust. An inactive charitable charity added another twist to the tale. The Essence of … [Read more...]
Reasons Why You Might Need to Know Who Died First
This may seem a strange question but then probate has lots of unusual twists and turns. Let’s imagine a case - just for example - where two oldies became an item in a retirement home. While this may seem somewhat strange to youngsters, the fire of love often burns … [Read more...]
I am Next of Kin, But What Are My Rights?
There is no legal definition of what a next of kin is in Britain. Hence we generally believe what people say which is not always accurate. Moreover, being a next of kin does not guarantee your right to manage your late partner’s estate. If this sounds confusing as it … [Read more...]
I Inherited a House What Happens Next?
Well, you could do one of three things by the law of averages. You could live in it, rent it, or sell it and realise the value. However, in reality things are seldom that simple, especially if the house is in the United Kingdom because there are variations on these … [Read more...]
5 Tips for Contesting a Will in Probate Court
The probate court is a special division managing the estates of deceased persons. In most cases it approves an executor and checks they are following the wishes of the departed. From time to time somebody disagrees with what the will says, or how the executor … [Read more...]
